ARVIND KUMAR MISHRA-I, J.

1. By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 25.04.2013 passed by Additional Sessions Judge, Court No.10, Mathura, in Special Session Trial No.119 of 2011 State Vs. Than Singh, arising out of Case Crime No.164 of 2011 under Sections 15 (C) N.D.P.S. Act, Police Station-Baldeo, District-Mathura, whereby the accused-appellant has been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs.1,00,000/-, in default of payment of fine, he will have to undergo additional one year simple imprisonment.

2. Facts relevant for adjudication of this appeal are rooted in the arrest and recovery of the appellant on 03.07.2011 effectuated by the informant Sanjeev Kumar Tomar in company with his police personnels of Police Station Baldeo, District Mathura around 20:45 hours whereby 20 plastic bags/containers with 400kg. of Doda powder were recovered from possession of the accused-appellant near Hanuman Temple within vicinity of Village Akbargarhi. The place of occurrence is stated to be 7 kilometers away from Police Station. Report of the arrest and seizure of the aforesaid substance was alleged at 23:50 hours the very same day on 03.07.2011 by the informant Sanjeev Kumar Tomar with the description that he along with Constable Vinod Kumar, Constable Ajendra Singh, Constable Shiv Pratap, Constable Arun Kumar, Constable Arvind Kumar, Constable Nahar Singh departed for patrolling by Government Jeep U.P. 85 AG 0151. from Police Station vide G.D. No.37 at 20:05 hours in search of the wanted criminal. When they reached near Hanuman Temple in the village Akbargarhi they sighted the truck unloading some containers having some substances inside it and was being taken in a nearby room illuminated with candle light where a person with balance equipment, weight and measurement was weighing the plastic containers and one man was conveying containers from the truck to the nearby room and one man was helping another man by pushing plastic containers for it being shifted from the truck to the room.

3. As soon as the informant and the police personnels asked about the reason for such doing then-two persons-one who was conveying plastic containers and the other using the balance equipment in the room felt annoyed with the sight of the police and escaped away from the scene and in the process, one bag slipped out of the hand of the person who was using the balance equipment inside the nearby room. On checking the truck, one man was found inside the truck who on being asked about his name, spelt his name-Than Singh-resident of Village Akbargarhi, Police Station Baldeo, District Mathura.

4. On search being made, one knife was recovered from his possession apart from that bag/wallet which had slipped out of the hand of one of the accused and was lying on the spot, was also checked whereupon currency notes worth Rs.1,00,000/- of different denominations were recovered by the police. As search proceeded, ten containers each from the truck No. RJ 11 GA 1532 and the nearby room were recovered. On checking and smelling the substance kept inside plastic containers, it transpired that the same is noxious Doda powder.

5. It was told by accused-appellant Than Singh that the person from whose hand the wallet/bag slipped was Laxman who was weighing containers inside the room and he (Laxman) is owner of the truck and his associate was Chintu. Both Laxman and Chintu run transport company by name A.K. Transport at Mandi Crossing Mathura and the goods belonged to them. It was also disclosed that these goods were supplied at different hotels in the State of Bihar and purchasers of these substances usually come and purchase these substances.

6. The accused-appellant told that he is driver of the truck, he usually supplies these substances to different owners. Laxman and Chintu usually unload the truck in this room which is used as a godown. He also d